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an instruction manual in English into other
languages, turning a novel into a film (motion
picture), rewriting a computer program in a
different computer language, making different
musical arrangements, or making a toy based
on a cartoon figure.
•
Publicly perform and communicate a
work to the public. These include the exclusive
rights to communicate the work by means of
public performance, recitation, broadcasting
or communication by radio, cable, satellite, or
television (TV) or transmission by Internet. A
work is performed in public when it is performed
in a place that is open to the public or where
more than just the closest family and friends
are present.
•
Receive a percentage of the sale price if
a work is resold. This is referred to as resale
right or droit de suite. In Nigeria, this right is
limited to graphic works, three-dimensional
works and manuscripts. Resale rights give
creators the right to receive a share of the
profit on resale of a work provided the resale
occurs in a specified way.
•
Make works available on the Internet
for on–demand access by the public so that
a person may access the work from a place
and at a time individually chosen by him/her.
It covers in particular on-demand, interactive
communication through the Internet.
•
Publish the work. Only the owner of the
copyright in a muscial or literary work has the
right to make copies of the work available to
the public.
•
Make a recording of the work. Only the
copyright owner can make a recording of the
work.
Any person or company wishing to use
protected works for any of the purposes listed
above must normally obtain prior authorization
from the copyright owner(s). Although a
copyright owner’s rights are exclusive, they are
limited in time (see page 20) and are subject
to some important exceptions and limitations
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(see page 29).
What are moral rights?
These are based on the French droit d’auteur
tradition – which sees intellectual creations
as an embodiment of the spirit or soul of
the creator. They are granted to the author/
creator of every work eligible for copyright. In
Nigeria, moral rights are recognised and are
even entrenched in the copyright legislation.
The moral rights which are provided for by
statute are:
1.)
The right to be named as the author of the
work (“authorship right” or “paternity right”).
The author has the right to claim authorship
of his work, except when the work is included
incidentally or accidentally when reporting
current events by means of broadcasting.
2.)
The right to protect the integrity of
the work. This prohibits the making of any
changes to a work that would tend to damage
the author’s honor or reputation.
Unlike economic rights, moral rights cannot
be transferred to someone else, as they are
personal to the creator (but they may pass on
to the creator’s heirs and successors in title).
They are provided by statute to be perpetual,
inalienable and imprescriptible.
The Copyright Act does not provide for the
moral rights of a performer.
What rights do “neighbouring rights”
provide?
In Nigeria, the Copyright Act protects only
two classes of neighbouring rights: Live
Performances and Expressions of Folklore.
Live Peformances include a dramatic
performance (including dance and mime); a
musical performance; a reading or recitation of
a literary act or similar presentation which is
or so far as it is, a live performance given by
one or more individuals.
The rights of a performer inclues the exclusive
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right to do or control the recod
A performer has the exclusive right to
control the public performace; recording; live
broadcast; reproduction in any material form;
adaption; or dealing (by way of trade) in his/her
performance.
The Copyright Act also provides for criminal
liability in respect of the rights of a performer.
Expression of Folklore
Under the legislation, expressions of folklore
cover folklore, folk poetry and folk riddles;
folk songs and instrumental folk music; folk
dances and folk plays; and productions of
folk arts in particular drawings, paintings,
carvings, sculpture, poetry, terra cotta, music,
woodwork, metalware, jewelry, handicraft,
costumes and indigenous textiles.
Expressions of folklore are protected against:
reproduction, communication to the public
by performance, broadcasting, distribution
by cable or other means and adaptations,
translations, and other transformations
when such expressions are made either for
commercial purposes or outside their traditional
or customary context.
The right to authorise the exploitation of
folklore is vested in the Nigerian Copyright
Commission.
The law also creates criminal liability in respect
of the exploitation of folklore.
Producers of phonograms/sound recordings:
in Nigeria, the artiste/singer under whose
name the record is issued to the public is the
author and first owner of copyright in a sound
recording of a musical work, except there is a
contract that provides otherwise. They enjoy
the rights accorded to authors and producers
of sound recording.
The rights of copyright owners in sound
recordings of musical works in Nigeria are
administered by the Copyright Society of
Nigeria (COSON) (see Annex I).
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